africanlegalstudies.blog – Cutting edge analysis on key issues in African politics, law and development

Addressing racial discrimination through international law
The neglected potential of the International Convention on the Elimination of All Forms of Racial Discrimination Introduction Why do anti-racism laws fail to combat racism effectively? That is the leading question raised in this symposium. The editors offer two possible answers: Do we have “unrealistic expectations regarding the potential of law in general”? Or are…
Exploring Intersectionality as a Concept to Effectively Combat Racism and Racial and Ethnic Discrimination
Introduction This contribution aims to highlight the shortcomings of European and International anti-racism law with respect to discriminations based on nationality. It promotes the concept of intersectionality as a means of addressing the gap between what anti-racism law promises and what it delivers. Therefore, nationality serves as an example to show if and how intersectionality…
Anti-Black Racism: Queer Europe’s Inconvenience beyond the Law
Drawing on conversations with a queer interlocutor who moved to Austria to escape persecution in their country of origin, I reflect on the limits of legal protection in the host country when/if it is not accompanied by social change. I focus on the tension introduced by anti-black racism that comes in the way of queer…

Justice in the “critical minerals value chain” – moving in tandem for a just transition
Introduction Humanity is at a crossroads, confronted with the effects of climate change that no nation can solve on its own without working with others. It requires all countries to act jointly to reduce greenhouse gas emissions and the temperature rise to below 1.5°, and attain the global objectives of the Paris Agreement. To achieve…
From Dubai to Baku: Energy Justice at the COPs and the Question of Fossil Fuel Abandonment
The twenty-eighth Conference of the Parties (COP28), which took place in Dubai from 30 November to 13 December 2023, made a modest yet significant contribution to energy justice by expressing a nuanced position on phasing out global fossil fuel development and use. While the COP recognised that urgent measures were needed to respond to the…
Our development is inextricably linked to the past and next generation
1. Introduction Natural resources, including minerals, belong to our common heritage, entrusted to present and future generations to support their respective needs.[1] In this respect, mineral resources have the potential to enhance the right to development,[2] a fundamental human right enshrined in the African Charter on Human and Peoples’ Rights (African Charter) and in the…

Investment and Investor Protection in Somalia
Introduction With Somalia’s accession to the East African Community (EAC), the internal market of this community is also becoming increasingly attractive for foreign investments. A common market with over 300 million populations is developing, and there is not only a common internal market. It also has an excellent strategic location from the Indian Ocean to…
The East African Community: Past Experiences and Lessons for the Future
Introduction The East Africa Community (EAC) is one of the oldest regional economic blocs in the world.[1] Uganda, Kenya, and Tanzania, as members of EAC, had a customs union as early as 1927.[2] While this regional bloc collapsed in 1977, it was re-established in 2000 and grew from three to eight countries, including Uganda, Kenya,…
The Legal Analysis of Community Rights in Environment Decision-Making in the Federal Republic of Somalia
Introduction People often feel hopeless and powerless to protect the environment, themselves, their families and their individual rights. However, through the creative use of the law, a number of notable successes for the environment and people have been recorded in many countries.[1] Environmental decision-making in Somalia stands at the intersection of legal, social, and environmental considerations, with…